President Uhuru Kenyatta has suspended Justice Said Chitembwe from office.
In a gazette notice dated May 18, Uhuru also appointed a 12-member tribunal to conduct a probe into gross misconduct accusations facing the High Court judge.
"Upon consideration of the Petition of the Judicial Service Commission, together with its annexures, His Excellency has, vide Kenya Gazette Notice No. 5540 of 18th May, 2022, caused presidential action as follows:
"The Hon. Justice Said Juma Chitembwe, Judge of the High Court of Kenya, be and is hereby suspended from office with immediate effect," reads the notice.
The head of state's decision follows a petition by the Judicial Service Commission that recommended the judge's removal.
The tribunal will be chaired by Lady Justice Mumbi Ngugi.
Other members of the tribunal will be Dr. Fred N. Ojiambo, SC, Hon. Lady Justice Abida Ali Aroni, Hon. Justice Nzioki wa Makau, Mr. James Ochieng’ Oduol, Lt. Gen. (Rtd.) Jackson W. Ndung’u and Dr. Lydia Nzomo.
Senior Counsel Kiragu Kimani will be the lead counsel while Jasper Mbiuki and Sarah Yamo will be joint secretaries.
Joseph Gitonga Riungu and Edward Omotii Nyang'au will be assisting secretaries.
On May 4, through Chief Justice Martha Koome, the Commission wrote to President Uhuru Kenyatta for further action on the matter.
"Accordingly, the Commission resolved to send the Petition to His Excellency the President for his further action in accordance with article 168(4) of the Constitution," Koome said.
In November 2021, the Chief Justice said JSC would meet to discuss a petition seeking the removal of Chitembwe from office following viral leaks alleging misconduct and a scheme to compromise a case.
The leaks by former Nairobi Governor Mike Sonko depicted Justice Chitembwe as part of a scheme to compromise the course of justice in a land dispute.
Prior to that, two other individuals had filed petitions seeking his removal from office.
The removal of a judge can only be initiated by the JSC acting on its own motion or on the petition of any person to the commission.
